Telangana High Court
Syed Zameeruddin vs Sri. Karnati Varun Reddy on 21 June, 2024
Author: Surepalli Nanda
Bench: Surepalli Nanda
THE HONOURABLE MRS JUSTICE SUREPALLI NANDA
CONTEMPT CASE No.578 OF 2024
ORDER:
Heard Ms. R.Madhavi Latha, learned counsel appearing on behalf of petitioner and Ms. K.Udaya Sri, learned counsel appearing on behalf of respondents and perused the record.
2. The present Contempt Case is filed complaining violation of the order of this Court dated 25.04.2023 passed in W.P.No.4643 of 2014.
3. The relevant portion of the order dated 25.04.2023 passed in W.P.No.4643 of 2014 reads as under:
"Taking into consideration the above referred facts and circumstances and in the light of the observations of the Apex Court in various judgments referred to and discussed above, the writ petition is allowed duly setting aside the Memo No. DEE/OP/WGL/JAO/Adm/SAI/D.No.1752, dated 06.01.2014 of the 3 rd respondent and the respondents are directed to reconsider the case of the petitioner for regularization of the services of the petitioner in any suitable post by granting regular scale of pay attached to the said post duly taking into consideration the fact that the petitioner had been serving the respondent organisation continuously since 2001 till as on date duly considering the law laid down 2 by the Apex Court in various judgments (referred to and extracted above) as was extended to the petitioner in W.P.No.11696 of 2004 by the respondents herein vide orders of the High Court dated 17.08.2010 and pass appropriate orders in accordance to law within a period of two months from the date of receipt of the copy of the order and duly communicate the decision to the petitioner. However, there shall be no order as to costs."
4. Learned counsel appearing on behalf of the petitioner brought to the notice of this Court that order of this Court dated 25.04.2023 passed in W.P.No.4643 of 2014 has been confirmed by a Division Bench of this Court vide Judgment dated 07.08.2023 passed in Writ Appeal vide W.A.No.769 of 2023.
5. Learned counsel appearing on behalf of respondents places reliance upon the averments of the counter affidavit and submits that the order of this Court dated 25.04.2023 passed in W.P.No.4643 of 2014 had been complied with and proceedings vide Memo No.DEE/OP/WGL/JAO(Adm)/S.A.1/D.No.801/23 dated 17.01.2024 had been issued to the petitioner and the petitioner had been engaged as Artisan on 'as-is-where-is-basis' which is permanent post and in fact which is Grade-II Post.
Paragraph No.7 of the Counter-Affidavit filed by the respondent No.2, reads as under:
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"7. It is submitted that all the Artisans who were absorbed as such, are governed by the Industrial Employment Standing Orders, as certified by the Certified Authority under the Industrial Employment Standing Orders Act, 1946. The said post of Artisan is a regular post in the organization. Thus, the Petitioner's services are engaged in a suitable post keeping in view the nature of duties, he performed earlier in terms of observations of this Hon'ble Court in W.P. No. 4643 of 2014. Further, the Division Bench of this Hon'ble Court in Para No. 8 of the Judgment clarified that this Hon'ble Court did not direct to create a post and in fact the appellants are continuing the respondent in pursuance to the orders passed by the Tribunal. This Hon'ble Court in W.P. No. 4643 of 2014 at Para No. 22 also categorically observed that the Respondents may be directed to reconsider the case of the Petitioner for regularization of his services in any suitable post by granting regular scale of pay attached to the said post. Keeping in view those observations in the said Judgment only, the Petitioner was absorbed as Artisan Grade-II in the time scale of pay of Rs.15735-29015. He was kept in service as is where is basis, so as not to dislocate him. As per the scheme of the absorption also, the persons who are appointed as Artisans were to be continued in the positions which they were holding prior to their absorption. Thus, the orders of this Hon'ble Court have been complied with."
6. Learned counsel appearing on behalf of petitioner submits that the order of this Court dated 25.04.2023 passed in W.P.No.4643 of 2014 has not been complied 4 with in its true spirit and petitioner had not been absorbed into a permanent post.
7. This Court opines that the dispute put forth by the learned counsel appearing on behalf of petitioner cannot be gone into under the contempt jurisdiction and taking into consideration the submissions made by both the learned counsel on record, duly considering the averments made by respondents in paragraph No.7 of the counter-affidavit (referred to extracted above), this Court opines that there is no deliberate violation of the order of this Court dated 25.04.2023 passed in W.P.No.4643 of 2014, and accordingly, the contempt case filed by the petitioner is closed, giving liberty to the petitioner to challenge the proceedings dated 17.01.2024 issued to the petitioner before appropriate forum. However, there shall be no order as to costs. Petitioner is given liberty to pursue his remedies as available under the law.
As a sequel, miscellaneous petitions, if any, pending in this matter, shall stand closed.
___________________________ MRS JUSTICE SUREPALLI NANDA Date: 21-JUN-2024 KHRM